Excerpt: ...on on both the elements of breach of duty and causation. BREACH OF DUTY The School District acknowledges that California law imposes upon school districts a duty to carefully supervise students while they are on school premises during the school day, and that school districts may be held liable for injuries caused by the failure to exercise such care. (Memorandum of Points and Authorities, page 5, lines 21‐23) The School District contends it di...

Excerpt: ...t (“EBRPD”)'s demurrers without leave to amend. The motion is made pursuant to Code of Civil Procedure section 663. PG&E and EBRPD filed a joint opposition. For the following reasons, Petitioners' motion is denied. Analysis Motion to Vacate Judgment As a threshold issue, PG&E argues that a § 663 motion is unavailable here, relying primarily on Payne v. Rader (2008) 167 Cal.App.4th 1569. Payne held that “a section 663 motion does not lie to...

Excerpt: ...a separate action for fraudulent transfer. The Court makes no finding on the issue of whether plaintiff's motion for leave to amend was properly served. The Court exercises its inherent judicial power to reconsider its previous order. (See, Brown, Winfield & Canzoneri, Inc. v. Superior Court (2010) 47 Cal.4th 1233, 1249.) Upon further review of plaintiff's motion for leave to amend, the Court now finds that the motion should not have been granted...

Excerpt: ...n is denied as to the disparate facilities claim, with the caveats stated below. The basis for this ruling is as follows. A. Preliminary Matters. 1. Attorney Fees. Plaintiff filed late and defective opposition papers on October 5 and October 11, 2018. At the initial hearing on October 18, the Court gave plaintiff the option of allowing defendant's motion to be treated as unopposed, or continuing the hearing and requiring plaintiff's counsel to pa...

Excerpt: ...her roof and then migrated into the interior, damaging the framing and her personal property. Pacific provided plaintiff a policy of insurance for the home. This dispute turns on whether the policy provides coverage for her losses. II. Motion for Summary Judgment Plaintiff's claims are for breach of contract and breach of the covenant of good faith and fair dealing. Pacific moves for summary judgment on the grounds that the undisputed evidence sh...

Excerpt: ...ariety of arguments in support of its motion. It argues that plaintiff's expert does not have knowledge of current standards and practices. It argues that it had no duty to provide any records and that John Muir could have accessed the records electronically. It argues that Ewing had no authority to request medical records and implies she was negligent in not ensuring her request had been met. It argues that plaintiff was negligent. All these arg...

Excerpt: ... merit. The Kuemeller Defendants' special motion to strike pursuant to CCP Section 425.16 is very similar to the special motion to strike made by Defendant Polizzis and their Trusts. The reason for this is obvious. The Kuemmeler Defendants are not alleged to have any personal criminal liability. (Cmplt, paragraph 24(a)) The Kuemmeler Trust owns 21.7% of the property at issue in the case, 389 South, in Alamo, California 94507. (Cmplt, paragraphs 7...

Excerpt: ... damages and calculates interest at the legal rate from the date of the original judgment, May 13, 2008. Background Plaintiff Lola Davis filed a complaint in 2007 against the Cityfed Capital Inc., Derek Wheat and Victor Gess. She alleged that the individual defendants agreed to start a company with her, but in the end the company went nowhere and Plaintiff was the only one to fund it. She sued the defendants for breach of contract, interference w...

Excerpt: ...low the Motion is denied without prejudice. This is a personal injury matter involving a pool‐ diving incident resulting in Plaintiff's broken neck. Plaintiff was a high‐school senior when he attended a graduation party at CrossDefendants' home. Plaintiff dove into the Cross‐Defendants' pool and broke his neck when Plaintiff's head hit the pool floor. As a result of that injury, Plaintiff is now a quadriplegic. Plaintiff filed a complaint a...

Excerpt: .../06/18 ‐ 5 ‐ and/or make such orders concerning the proceedings therein as may tend to avoid unnecessary costs and delay. See CCP Section 1048(a). The court does so here. COMMON QUESTIONS OF LAW OR FACT 1. Tcheong, LLC v. Peter Ramirez, individually and dba The WorldGrill, LLC and Fortress Restaurant, Selina Ramirez, individually and dba The WorldGrill, LLC and Fortress Restaurant (C17‐00563): This case was filed on April 6, 2017. Plaintiff...

Excerpt: ...ond Amended Complaint (“ASAC”) filed on October 19, 2018. Defendants shall prepare a proposed judgment of dismissal, separate from any formal order on the demurrer, and shall submit that proposed judgment to plaintiff's counsel for approval as to form. Despite the serious concerns expressed in the Court's interim ruling of October 25, 2018, and in Part A‐3 of this ruling below, the Court exercises its discretion not to award monetary sancti...

Excerpt: ...d by Defendant DeVries. Plaintiffs is suing the State of California, Department of Transportation (“Caltrans”) for (1) premises liability ‐ dangerous condition of public property per Government Code section 835 and (2) general negligence. Caltrans has demurred to the CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/29/18 ‐ 14 ‐ second cause of action. In that cause of action, Plaintiff alleges that Caltra...

Excerpt: ...ons, Inc. (“Lucky”), an Idaho corporation (collectively, “Plaintiffs”). Plaintiffs filed a request to file an extended page length in their opposition. That request is granted. No reply was filed. By way of the Motion, Defendants seek to strike the entirety of Plaintiffs' verified complaint (the “VC”) containing four causes of action for: 1) Libel Per Se; 2) Slander Per Se; 3) Intentional CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORN...

Excerpt: ...5.16 provides that “any cause of action against a person arising from any act. . . in furtherance of the person's right to petition or free speech . . . in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE...

Excerpt: ...ourth causes of action for negligence and violation of Business & Professions Code section 17200 are overruled. The unopposed requests for judicial notice are granted. (Evid. Code § 452.) I. Background In 2005, Plaintiffs Amir Shenas and Azadeh Vaezizadeh refinanced a property located at 4071 Lilac Ridge Rd. in San Ramon. Defendant Bank of New York is the current beneficiary of the loan. Defendant Bayview Loan Servicing, LLC services the loan. D...

Excerpt: ..., the summons and complaint were not served within 3 years from the filing of this case. Plaintiff had ample opportunity to properly obtain an order for publication but failed to timely do so. Case is dismissed pursuant to CCP §583.210 et seq.” After plaintiff orally argued the matter on August 9, 2018, the court adopted the tentative ruling as its order and ordered the case dismissed. The formal order granting defendants' motion was signed on...

Excerpt: ...event sexual harassment. Plaintiff Tonya Guice was hired as a full‐time security guard in February 2017. When Plaintiff was hired, she was provided a copy of Defendant's Arbitration Policy and Agreement as a mandatory condition of her hiring. The Agreement contained the following language, “By accepting and/or continuing employment with the Company, you agree to the terms of this Policy and Agreement.” Plaintiff has refused to submit to arb...

Excerpt: ... in an employment matter against Respondent's employer. Their attorney‐client hourly fee agreement (the “Fee Agreement”) contains an arbitration clause providing for arbitration of any dispute between the parties. (Decl. of Janis E. Eggleston, filed 8/31/18, attached as “Exhibit A,” Attorney‐Client Hourly Fee Agreement, at p. 8 ¶ 25.) Specifically, paragraph 25 (a) of the Fee Agreement provides for arbitration of fee disputes. JAMS A...

Excerpt: ... that the property Alamo leased from Diablo did not conform to the promised specifications. Emo‐Gizella Hites and George Hites (“the Hites”) originally leased the property to Alamo, and Diablo is the successor in interest to the Hites. The demurrer is overruled. Diablo asserts that each of Alamo's causes of action fail to state facts sufficient to constitute a cause of action because the lease agreement stated that the property would be lea...

Excerpt: ...'s six causes of action, pursuant to CCP § 437c(f). Defendant Robert Half, International's Motion for Summary Judgment is denied. Defendant failed to establish there are no triable issues of material fact as to each of Plaintiff's six causes of action. Defendant's Motion for Summary Adjudication is granted in part and denied in part. Background Plaintiff Sandra Fabian was a contracted employee to Defendant Robert Half International. Plaintiff be...

Excerpt: ...is a small Brentwood auto dealership. Defendant Carl Watkins is its President/CEO. (UMF 1.) CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/08/18 ‐ 8 ‐ Plaintiff Muranishi had his own auto dealership in Livermore, called EMotors. In April 2013, he asked Watkins for permission to sell 21 of his cars off Brentwood Motorsports' lot because his lot failed. (UMF 2.) Watkins agreed. Thereafter, Brentwood Motorsports...

Excerpt: ...ks to strike the entirety of Plaintiffs' verified complaint (the “VC”) containing four causes of action for: 1) Libel Per Se; 2) Slander Per Se; 3) Intentional Interference with Economic Interest; and 4) Unfair Business Practices. For the reasons stated below, the Motion is granted. The Court notes that Defendant is not the only defendant in this matter, and this ruling does not preclude Plaintiffs' alleged causes of action as to the other de...

Excerpt: ...of action) are stricken. Courts use a two‐step process for determining whether an action or claims(s) is a SLAPP suit subject to a special motion to strike. Plaintiffs' claims must (1) arise out of Defendants' protected speech and (2) must lack even minimal merit. See Navallier v. Sletten (2002) 29 Cal.4th 82, 88‐89; Jarrow Formulas, Inc. v. LaMarche (2003) 31 Cal.4th 728, 733. The court first determines whether Plaintiffs' claims arise out o...

Excerpt: ...(Welfare & Inst. Code § 15610.30) and (2) Deed Reformation (Civil Code § 3399). CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 11/08/18 ‐ 15 ‐ This motion came on previously for hearing on October 10, 2018. At that time, Plaintiff objected to the Reply evidence filed by Defendant. The Court permitted both parties to file supplemental briefs by October 24, 2018. The hearing on the motion was continued to Novemb...

Excerpt: ...ion of the trial court.” (Thomson v. Continental Ins. Co. (1967) 66 Cal.2d 738, 746‐ 747.) The California court has discretion to stay the state proceedings in favor of the federal action. (Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1993) 15 Cal.App.4th 800, 804.) According to Caiafa, the court should “consider the importance of discouraging multiple litigation designed solely to harass an adverse party, and of avoiding unseemly ...